Category: Self Defense
If The McCloskeys lived in Florida
What if the McCloskeys lived in Florida? By now, you are almost certainly familiar with the St. Louis couple that are accused of pointing firearms at protesters that passed by their home. Since the incident, we have received hundreds of questions asking us what rights a Florida gun owner would have to protect their property…
Justifiable Use of Deadly Force
What Conditions must be present for a justifiable use of deadly force under Florida Law? Florida Statute Chapter 776 is titled, “Justifiable Use of Force.” Section 776.012(a) discusses the use of force and 776.012(b) discusses the use of deadly force. In order to use a justification defense, a person must admit that they did the…
Aftermath of Self Defense Seminar
Aftermath of self defense – Our Newest Seminar Developed by the Firearm Firm The Firearm Firm has developed a new seminar for U.S. LawShield. The Aftermath of Self Defense Seminar. This NEW seminar covers what the Florida legal system does to an individual after they have used force or deadly force to defend themselves. Taught…
Can You Shoot An Attacking Dog Or Other Animal?
Last night, I had the privilege of assisting a U.S. LawShield member who was confronted with an attacking pit bull. Unfortunately, no law in Florida allows a person to shoot an attacking dog in defense of human life or injury. The victim fired a single shot at the dog killing it, as it charged toward…
How Can I Lose The “Presumption of Reasonableness” Under Florida’s Castle Doctrine
By David S. Katz We previously discussed the “Castle Doctrine” in Florida and the protections it offers. (visit: http://thefirearmfirm.com/the-castle-doctrine-in-florida/) However, you can lose the valuable protections the Castle Doctrine gives. Read on to learn more. There are a few ways that a person can lose “Castle Doctrine” protection and the presumption of reasonableness regarding their…
When is an Action “Imminent” Under Florida Law?
By David S. Katz When does someone have a reasonable belief that they must use force in order to protect themselves from an “imminent use of unlawful force” by another? In Florida, the decision will be ultimately decided by a jury. Let’s focus on the word “imminent.” Florida courts have said that imminent means an…
What Conditions Must be Present For a Justifiable Use of Force Under Florida Law?
By David S. Katz On FaceBook, Larry Benson asked, “what are the 2 conditions of Justifiable Use of Force?” Our complete answer follows: What Conditions must be present for a justifiable use of force under Florida Law? Florida Statute Chapter 776 is titled, “Justifiable Use of Force.” Section 776.012(a) discusses the use of force and…
Stand Your Ground in Florida
In 2005 Florida created the nation’s first “Stand your Ground Law.” The 2005 version of Florida’s Stand Your Ground Statute, which was found in §776.013(3) read: “A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty…
The Castle Doctrine in Florida
By David S. Katz The term “Castle Doctrine” does not appear in Florida law, however, the legal concept comes from the philosophy that every person is a King or Queen of his or her “castle.” As such, no king or queen is required to retreat before using force or deadly force against an intruder in…
How does Florida Law Define Force & Deadly Force?
By David S. Katz Force There is no specific definition of “force” in Florida’s “Justifiable Use of Force” chapter. (Florida Statutes §776.012(1)). Florida Standard Criminal Jury Instruction 3.6(g) defines non-deadly force as “force not likely to cause death or great bodily harm.” If we boil this definition down, force may be described as unwanted physical contact…
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